SHREE CHANDRASHEKHAR,J. - (1.) Aggrieved by order 23.4.2013 in S.A.R. Revision CAse No. 13 of 2007, the present writ Petition has been filed.
(2.) The brief facts of the case are that, in Tuckey Settlement of 191418 the land comprised in Khata No. 159, Revenue Thana No. 108, Mouza Diliyamarcha, total area 1.40 decimals was recorded in the name of one Mata Ho and Bamia Ho. In the survey khatiyan of 195964 the land in question was erroneously recorded in the name of one Laxmi Narayan Singh though, the ancestors of the petitioners remained in peaceful possession of the said land. Again, in the survey settlement of the year, 197072 the land in question was recorded as Gair Mazarua land however, the petitioners remained in possession of the said land. After the petitioners were forcefully dispossessed by the respondent no. 5, they filed an application under Section 71 A of C.N.T. Act which was registered as S.A.R. Case No. 10 of 200102. Initially, the said case was allowed vide order dated 28.05.2001 however, the appellate authority remanded the matter vide order dated 29.09.2003 for granting opportunity of hearing to the respondent no. 5. The Deputy Collector Land Reforms ordered restoration of possession in favour of the petitioners and allowed application under Section 71 A of C.N.T Act vide order dated 31.05.2006. The respondent no. 5 preferred S.A.R. Appeal No. 06 of 200607 which was dismissed on 07.02.2007 and challenging the same, S.A.R. Revision Case No. 13 of 2007 was preferred by the respondent no. 5. The Revision Case has been allowed by the Commissioner, Singhbhum (Kolhan) Division and therefore, the petitioners have approached this Court.
(3.) Heard the learned counsel for the parties.;